Last updated: 01/01/2023
Welcome to Wi Digital! These terms and conditions govern your access to and use of www.widigitalsystems.com, the Wi Digital App (the “App”) and any other website or application in which we present these terms and conditions (collectively with any content, shopping services, and community services provided and apps, the “Platform”). The Platform is owned and operated by Wi Digital Systems, Inc. (“Wi Digital/we/us”). These terms and conditions include and incorporate the additional policies and terms referenced here (collectively with these terms and conditions, the “Terms”). By using our Platform, you accept and agree to the Terms. These terms require you to submit claims exclusively to individual (non-class action) binding arbitration. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions. If you do not agree to the Terms, please do not use the Platform and exit immediately.
We reserve the right to change the Terms from time to time. These changes will become effective when we post them. Your continued use of our Platform after we post changes to the Terms will mean you accept those changes.
You must be at least 18 years old to access the Platform. If you are less than 18 years old, you can register for an account or use the Platform only after your parent(s), legal representative or guardian has consented to these Terms. Wi Digital may at all times request written proof of such consent.
2. PLATFORM CONTENT
All of the content featured or displayed on the Platform, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Wi Digital, its licensors, affiliates, vendors, agents and/or its Content providers. All elements of the Platform, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Platform may only be used for the intended purpose for which that Platform is being made available.
Except as otherwise indicated in specific areas within the Platform, you are authorized to view, play, print, and download documents, audio, and video found on our Platform for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Platform. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Platform. For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. You must comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Platform. The Platform, its Content, and all related rights will remain the exclusive property of Wi Digital or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on this Platform.
3. PRODUCTS, FEATURES
All products, content, features, specifications,
and prices of products and services described or depicted on this Platform are
subject to change at any time without notice. Certain weights, measures, and
similar descriptions are approximate and are provided for convenience purposes
only. We make all reasonable efforts to accurately display the attributes of
our products, including features and specifications and applicable colors;
however, the actual color you see will depend on your computer system, and we
cannot guarantee that your computer will accurately display such colors. By
placing an order, you represent that the products ordered will be used only in
a lawful manner.
4. ACCURACY OF INFORMATION
We attempt to ensure that information on this Platform is complete, accurate, and current. Despite our efforts, the information on this Platform may occasionally be inaccurate, incomplete, or out of date. Except as prohibited by applicable New Jersey law, we make no representation as to the completeness, accuracy, or currency of any information on this Platform. For example, products included on this Platform may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Platform. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
5. SHIPPING LIMITATIONS
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Platform. All purchases from this Platform are made pursuant to a shipment contract. As a result, the risk of loss and title for items purchased from this Platform pass to you upon delivery of the items to the carrier.
6. USER-GENERATED CONTENT – INFORMATION CONTROL
All comments, remarks, opinions, questions, suggestions, information, links, artwork, graphics, photographs, videos and other materials that you or other users of the Platform post, upload, transmit, display or otherwise make available through the Platform (“User Generated Content”) are the sole responsibility of you or the person who provided that User Generated Content and NOT Wi Digital. You must not suggest, directly or indirectly, that Wi Digital endorses your User Generated Content.
Wi Digital does not control User Generated Content and does not guarantee the accuracy, integrity, or quality of any User Generated Content. Furthermore, the User Generated Content is for informational purposes only and is not intended to be a substitute for professional advice. We are not responsible for any User-Generated Content and will not be liable for any loss or damage caused by any User Generated Content or your use of or reliance on it. You understand that by using the Platform, you may be exposed to User-Generated Content that is offensive, indecent, or objectionable. m. By using the Platform, you may be exposed to User-Generated Content that you find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues, and foreign nationals. By using our Platform, you assume all associated risks.
By posting, uploading, transmitting, displaying, or otherwise making available User Generated Content through the Platform, you agree that:
· you are at least 18 years old
· you are the owner of all rights to that User-Generated Content;
· you have the right to allow our use of that User-Generated Content under these Terms;
· you have waived all "moral rights" that you may have in that User Generated Content, including but not limited to the right to be identified as the author of that content;
· all User Generated Content that you post is accurate; does not violate these Terms; will not result in a violation of any agreement to which you are currently bound or will become bound in the future; does not and will not violate any applicable law; and will not cause injury to any person or entity.
7. USER-GENERATED CONTENT – YOUR LICENSE TO US
User-Generated Content remains the intellectual property of the individual user. By posting, uploading, transmitting, displaying, or otherwise making available User Generated Content through the Platform, you grant Wi Digital a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display that User Generated Content, in whole or in part, throughout the world in any form, medium or technology, whether now known or later developed.
We may modify or adapt User Generated Content, including in order to transmit, display or distribute it over networks and to conform to the requirements of networks, services, or other media. We or others may, in our sole discretion, refer to your name or other identifiers you provided when posting User Generated Content. You promise that our publication and use of your User Generated Content will not infringe the rights of any third party.
8. THIRD-PARTY LINKS
From time to time, this Platform may contain links to websites that are not owned, operated, or controlled by Wi Digital or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Platform. Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, any content, materials, or other information located or accessible from any other websites, or the results that you may obtain from using any other web sites. If you decide to access any other websites linked to or from this Platform, you do so entirely at your own risk.
9. UNAUTHORIZED USE OF COMPUTER SYSTEM
You agree to comply with all laws, rules, and regulations applicable to your access to and use of the Platform. In addition, you agree not to post, upload, transmit, display or otherwise make available through the Platform any User Generated Content that is unlawful, misleading, threatening, harassing, defamatory, libelous, obscene, profane, invasive of another’s privacy, or that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, that harms minors or that otherwise violates any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Platform or the Platform or through Voice computer systems is expressly prohibited by these Terms. Any such unauthorized use of our Platform or computer systems is a violation of these Terms and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Platform. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
10. ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission. Additionally, you agree that you will not do or attempt to do any of the following: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere with the proper working of the Platform, any activities conducted on the Platform or any networks connected to the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform, whether through hacking, password “mining” or any other unauthorized means, (iv) probe, scan, or test the vulnerability of the Platform or any network connected to the Platform, or (v) harvest or otherwise collect and store information about other users of the Platform, including e-mail addresses.
11. ACCOUNT SECURITY
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Platform.
For all charges for any products and services sold on the Platform, Wi Digital will bill your credit card or alternative payment method offered by Wi Digital. Any seasonal surcharges will be included in your order's delivery total and are non-refundable. If legal action is necessary to collect on balances due, you agree to reimburse Wi Digital for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for the purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Platform.
13. FORCE MAJEURE
Neither Wi Digital nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Except as prohibited by applicable New Jersey law, the information, materials, and services provided on or through this Platform are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Except as prohibited by applicable New Jersey law, neither Wi Digital, nor any of its respective affiliates (i) warrants the accuracy or completeness of the information, materials, or services provided on or through the Platform or (ii) makes any commitments or assumes any duty to update such information, materials or services.
Neither Wi Digital, nor any of its respective affiliates, warrants that the functions contained in this Platform will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.
Except as prohibited by applicable New Jersey law , we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this Platform. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation, except as prohibited by applicable New Jersey law. We make no warranties to those defined as “consumers” in the Magnuson-Moss Warranty Act.
16. LIMITATION OF LIABILITY
Your use of the Platform is at your own risk. You agree that our sole obligation to you is to provide the Platform “as is.” Except as prohibited by applicable New Jersey law, neither Wi Digital nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing, or delivering the Platform shall be liable to you or to any third party for your use of, or the inability to use, the Platform and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Platform.
Except as prohibited by applicable New Jersey law, in no event will Wi Digital or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production, or transmission of this Platform, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of the use of the Platform, any Platforms linked to this Platform, and its Content, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Please refer to your local laws for any such prohibitions. NEW JERSEY RESIDENTS: With respect to these Terms, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Please refer to the Section below titled “LEGAL NOTICE TO NEW JERSEY RESIDENTS.”
If there are any problem with this Platform or any Content, you agree that your sole remedy is to cease using this Platform. If there is any problem with the products or services that you have purchased on or through this Platform, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Platform. Except as prohibited by applicable New Jersey law, in no event shall Wi Digital’ total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) fifty dollars ($50.00) or (b) the value of your purchase on the Platform.
17. LEGAL NOTICE TO NEW JERSEY RESIDENTS
No provision in these Terms shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) Wi Digital’ tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages if there is harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) Wi Digital’ failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). With respect to these Terms, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.
Except as prohibited by applicable New Jersey law, you agree to defend, indemnify and hold Wi Digital and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Platform or the Internet or your purchases or the placement or transmission of any message or information on this Platform by you or your authorized users or your violation of any law or the rights of a third party.
If you have a dispute with one or more other users of the Platform, you release Wi Digital (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You or we may suspend or terminate your account or your use of this Platform at any time, for any reason, or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Platform if (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
21. PLATFORM DISPUTES
“Platform Disputes” include: (a) any claim you may have against Wi Digital in connection with the Site, (b) any claim Wi Digital may have against you in connection with the Site, and (c) any action to enforce the Terms and Conditions or to object to the Terms and Conditions.
All other disputes are Non-Platform Disputes. Any claim arising from your purchase of a Wi Digital product or service is a Non-Platform Dispute. Any claim arising from the content of any offer or advertisement on the Site is a Non-Platform Dispute.
22. PLATFORM DISPUTE RESOLUTION – ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER
Neither you nor we will be able to sue in court in connection with a Platform Dispute. All Platform Disputes must be resolved through individual (non-class) arbitration. You indicate your acceptance of these Terms and Conditions, including this agreement to arbitrate, by continuing to use the Site after having the opportunity to review these Terms and Conditions.
You and Wi Digital intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16.
You and Wi Digital waive any rights to maintain other available resolution processes for Platform Disputes, such as a court action or administrative proceeding, to settle disputes. You and Wi Digital waive any right to a jury trial for Platform Disputes.
Instead of suing in court, we each agree to settle Platform Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in the agreement as a court would.
To the extent, that a party commences any action with includes both Platform Disputes and Non-Platform Disputes, consideration of the Non-Platform Disputes shall be stayed until the Platform Disputes are fully arbitrated. Then, any Non-Platform Disputes will be considered by any court of competent jurisdiction.
You agree that you will not file a class action against Wi Digital and its affiliated companies, or participate in a class action against Wi Digital and its affiliated companies, in any Platform Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against Wi Digital and its affiliated companies, in any Platform Dispute.
Any claim relating to, and the use of, this Site
and the materials contained herein is governed by the laws of the State of California,
U.S.A. You consent to the exclusive jurisdiction of the state and federal
courts located in Orange County, California. A printed version of these Terms
will be admissible in judicial and administrative proceedings based upon or
relating to these Terms to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in
Except as prohibited by applicable New Jersey law, we do not guarantee continuous, uninterrupted, or secure access to our Platform, and the operation of the Platform may be interfered with by numerous factors outside of our control.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You agree that the Terms may be automatically assigned by Wi Digital in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Sections 4 (User Generated Content – Your License to Us); 10 (Access and Interference), 16 (Limitation of Liability), 17 (Legal Notice to New Jersey Residents), 18 (Indemnity), and 19 (Release) shall survive any termination or expiration of the Terms.
24. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
In operating the Platform, we may act as a "services provider" (as defined by DMCA) and offer services as an online provider of materials and links to third-party Platforms. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Platform. If you believe any material available via the Platform infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content.
Please provide the following notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; your address, telephone number, and email address; and your physical or electronic signature.
25. CONTACT US; SMS TEXT TERMS
If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact our Customer Service Department by email at firstname.lastname@example.org or by calling 1-714-505-4567.
In some cases, you may be able to text our customer service team. If you contact us via SMS text, you agree to these terms: We will respond to you in one or more SMS messages. Standard message and data rates may apply to any messages sent by us or you. Please contact your wireless provider with any questions regarding text messaging or data rates and plans. You represent and warrant that you have the authority to agree to receive SMS messages on the telephone number that you have provided to us, or from which you sent the SMS request to us. SMS messaging is not available in all areas. Not all mobile devices or handsets may be supported. Wi Digital is not responsible for delayed or undelivered messages. To stop receiving SMS messages from Wi Digital customer service, send "STOP". For additional help, please contact customer service through email or by calling.
26. COPYRIGHT AND TRADEMARKS NOTICE
All Site design, graphics, text selections, arrangements, and all software are Copyright© 2023 Wi Digital Systems, Inc.
All trademarks, service marks, and trade names of Wi Digital used herein (including but not limited to: the Wi Digital name, the Wi Digital corporate logo and the Wi Design (collectively “Marks”) are trademarks or registered trademarks of the Wi Digital Systems. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Wi Digital trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without Wi Digital's prior written consent. The use of Wi Digital trademarks on any other Platform or network computer environment is not allowed. This protects you, too. When you see the Wi Digital marks, you can be sure of our quality and performance. Wi Digital prohibits the use of Wi Digital trademarks as a “hot” link on or to any other Platform unless the establishment of such a link is approved in advance.
27. Product retruns
Products may be returned to Wi Digital returned via the online returns portal for full refund within 14 days of receipt subject to our returns policy, which is available on our website. The following restrictions may apply:
· Liquidation products are final sale and, therefore, may not be returned or exchanged.
· Any seasonal surcharges will be included in your order’s delivery total and are non-refundable.
· We do not refund the shipping fee.
· The customer may be responsible for the return shipping costs
· Product found to have excessive wear consistent with heavy product use will be will be refused at our option.
· We reserve the right to refuse any returned product if it appears the item has been abuse
· Because personalized products are made just for you, they are not returnable.
· Some wearable products are not eligible for returns or exchanges due to safety reasons.
Refunds are issued within 20 days of the date the customer's order is received. The following restrictions may apply:
· Product and packaging MUST be in the same condition as when received.
· Product may be subject to a restocking fee up to 20%.
29. ENTIRE AGREEMENT
These Terms constitutes the entire agreement between the user and Wi Digital and supersedes any prior understandings or agreements (written or oral).